§ 2. Estate in common preferred to joint tenancy; joint tenancy with unequal shares
(a) Conveyances and devises of lands, whether for years, for life or in fee, made to two
or more persons, shall be construed to create estates in common and not in joint tenancy,
unless it is expressed therein that the grantees or devisees shall take the lands
jointly or as joint tenants or in joint tenancy or to them and the survivors of them.
This provision shall not apply to devises or conveyances made in trust or made to
spouses or to conveyances in which it manifestly appears from the tenor of the instrument
that it was intended to create an estate in joint tenancy.
(b)(1) An instrument may create a joint tenancy in which the interests of the joint tenants
are equal or unequal.
(2) Unless the instrument creating a joint tenancy contains language indicating a contrary
intent:
(A) It shall be presumed that the joint tenants’ interests are equal.
(B) Upon the death of a joint tenant, the deceased joint tenant’s interest shall be allocated
among the surviving joint tenants, as joint tenants, in proportion to their respective
joint interests at the time of the deceased joint tenant’s death. (Amended 2003, No. 150 (Adj. Sess.), § 1.)
Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr., 522 S.W.3d 392 (Tenn. 2017). · cites it 2ד2016); Vt. Stat. Ann. tit. 27 § 2 (2012). 11 These statutes specifically address the severability of a joint tenancy: Ariz.”
Baker v. State, 744 A.2d 864 (Vt. 1999). · cites it 2ד§§ 105-108, 141-142; the presumption of joint ownership of property and the concomitant right of survivorship, under 27 V.S.A. § 2; hospital visitation and other rights incident to the medical treatment of a family member, under 18 V.”
Currie v. Jané, 2014 VT 106 (Vt. 2014). · cites it 3דIt concluded, though, that the evidence in this case was sufficient to rebut the presumption. It relied on' the testimony of defendant and the lawyer who managed the closing and who was employed by plaintiff at the time of the closing; the post-closing indemnification agreement…”
Barrup v. Barrup, 2014 VT 116 (Vt. 2014). · cites it 4דNoting that most courts presume that such joint accounts are held in equal shares, and that by statute Vermont law presumes that jointly held real property is held in equal shares, 27 V.S.A. § 2(b)(2)(A), the trial court presumed that husband and his mother held equal shares in…”
Karen Wynkoop v. Gerard Stratthaus, 2016 VT 5 (Vt. 2016). “The language of that section is now contained in 27 V.S.A. § 2(a). As this language suggests, the phrase “lands, tenements and hereditaments” is not restricted merely to freehold estates.”
DeLeonardis v. Page, 2010 VT 52 (Vt. 2010). “See 27 V.S.A. § 2(a) (“Conveyances . . . made to two or more persons!] shall be construed to create estates in common and not in joint tenancy, unless it is expressed therein that the grantees or devisees shall take the lands jointly or as joint tenants or in joint tenancy or to…”
Kipp v. Chips Est., 732 A.2d 127 (Vt. 1999). “” 27 V.S.A. § 2. Although the statute does allow a deed to create a joint tenancy by explicit language, the legislative policy requires that we resolve ambiguity in favor of a tenancy in common rather than a joint tenancy.”
Massey v. Hrostek, 2009 VT 70 (Vt. 2009). “Under our law, the answer is clear: 27 V.S.A. § 2(b) establishes a statutory presumption that joint tenants will share equally.”
In Re Est. of Neil, 565 A.2d 1309 (Vt. 1989). · cites it 2דBy virtue of his deed, petitioner's interest in the land was that of a tenant in common with his mother under 27 V.S.A. § 2, which governs the construction of such deeds.”
Whippie v. O'Connor, 2011 VT 97 (Vt. 2011). “Our law on joint tenancies, 27 V.S.A. § 2(b)(2)(A), establishes a statutory presumption that joint tenants will share equally.”
Ne. Petroleum Corp. of New Hampshire, Inc. v. State, 466 A.2d 1164 (Vt. 1983). “27 V.S.A. § 2. The court further concluded that either cotenant could convey his interest in the property to the State independent of the other.”
Karen Wynkoop v. Gerard Stratthaus, 2016 VT 5 (Vt. 2016). “The language of that section is now contained in 27 V.S.A. § 2(a). As this language suggests, the phrase “lands, tenements and hereditaments” is not restricted merely to freehold estates.”
DeLeonardis v. Page, 2010 VT 52 (Vt. 2010). “See 27 V.S.A. § 2(a) (“Conveyances . . . made to two or more persons!] shall be construed to create estates in common and not in joint tenancy, unless it is expressed therein that the grantees or devisees shall take the lands jointly or as joint tenants or in joint tenancy or to…”
— Vt. Stat. Ann. tit. 27, § 2(b) — 2 cases
Massey v. Hrostek, 2009 VT 70 (Vt. 2009). “Under our law, the answer is clear: 27 V.S.A. § 2(b) establishes a statutory presumption that joint tenants will share equally.”
Currie v. Jané, 2014 VT 106 (Vt. 2014). “It concluded, though, that the evidence in this case was sufficient to rebut the presumption. It relied on' the testimony of defendant and the lawyer who managed the closing and who was employed by plaintiff at the time of the closing; the post-closing indemnification agreement…”
Barrup v. Barrup, 2014 VT 116 (Vt. 2014). “Noting that most courts presume that such joint accounts are held in equal shares, and that by statute Vermont law presumes that jointly held real property is held in equal shares, 27 V.S.A. § 2(b)(2)(A), the trial court presumed that husband and his mother held equal shares in…”
Whippie v. O'Connor, 2011 VT 97 (Vt. 2011). “Our law on joint tenancies, 27 V.S.A. § 2(b)(2)(A), establishes a statutory presumption that joint tenants will share equally.”
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